Is there any exception to religious discrimination hiring exemptions?

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Is there any exception to religious discrimination hiring exemptions?

I work at a religious non-profit that has a secular program arm that runs science
education for public schools. This secular program has been in place for over 20
years and has never had a faith-based component to it of any kind. The first
director of the program was atheist and was here for 16 years. Most of the staff
that work in the department aren’t Christian. We are now hiring for a new
director in the education department and someone on the hiring committee is
saying we can discriminate based on religion and is trying to hire a Christian
into the department while dismissing non-Christians. This feels unprofessional.
Help?

Asked on June 28, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Religious nonprofits (but not for-profit businesses which happen to be run or owned by religious insitutions) do indeed have an exemption from the religious discrimination laws and are allowed to discriminate to fulfill their mission and serve or promulgate their values.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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